Sunday, July 10, 2005

Copyright problems -- Please Help!

I am very upset right now. Belle Armoire -- a magazine you may have heard of -- has published an article based on my Booga Bag pattern and given me no credit. Despite the fact that the editor of the magazine told me that she would.

In her first email to me Sharilyn Miller, the editor of Belle Armoire, says:

"So this is why I'm writing to you now. I don't want to publish Jenny's
article without your permission. Her bag differs slightly from yours--she
casts on 20 stitches, for one thing--but it is essentially the same bag."

So obviously she knew this was just a smaller version of the Booga Bag. I was nice about this though and agreed that she could publish the article if I was given credit. Ms. Miller replied:

"Here's my idea. Jenny has not actually written the article yet, as she says
the instructions are very simple and she first wanted to concentrate on
making several bags "in progress" for our photography sessions here. But her
bag does differ from yours in that it's smaller; she casts on 20 stitches
instead of 34. Since she's made several bags at this size, she'd like to
write the instructions reflecting how she makes the bags. However, what we'd
like to do is say that we gratefully acknowledge the original designer of
the Booga Bag, Julie Anderson of Black Sheep Bags, etc. in the introductory
paragraph. We'd also like to list your business contact info in our Resource
Guide. And I would also like to list your web site in my sidebar on felting
pattern web sites (I've found about six sites so far). And I would like to
offer you a free one-year (six issue) subscription to Belle Armoire, if you
are interested in that."

As you can see, I wasn't looking to get rich from this. I agreed to her terms, believing that the mention in the article and the magazine's sidebar and resource guide would hopefully bring me some business.

However, this is not what happened. They wrote the article, never once mentioning me or the Booga Bag or Black Sheep Bags. In fact, several weeks ago, I emailed Sharilyn Miller to tell her that I hadn't heard from her and couldn't wait to see the article. I also mentioned that I hadn't received any issues of Belle Armoire.

So, while Pete, Maddie & I were browsing in Borders after a pleasant meal at Noodles & Co., I found the magazine and the article. And now I am angry.

Is it because I'm on the internet? Because I have a blog? Because I published my pattern on the web? Because I'm *just* a small business owner? Does that make it less "my property" and more something that people can take without permission? I don't know, but I won't stand for it.

If you feel the same way I do about Ms. Miller's blatant disregard for our agreement, please email her and let her know.

Comments

I know that sometimes content gets cut when the final editing process is done, but that's no excuse not to attribute you with the original idea. I will certainly write an email. At the very least, they should add the information somehow in their next issue.

What a horrible thing for someone to do. You'd think a magazine would have more sense. I sent Ms. Miller an email letting her know I wouldn't be purchasing Belle Armoire. Hopefully it'll help get the point across.

What a slap in the face to see it all that way (or I guess NOT see it)! In any event, hopefully, in some way this is all an innocent mixup and you will get huge coverage in the next issue. I just sent off my email to the editor...Go Black Sheep Bags and you have a right to be frustrated. You work hard...Take care...I love your bags :) ...speaking of which, how is the new one coming?

That's really awful that she would completely disregard your agreement. Particularly when you'd been so accomodating. Let's hope it was a last-minute cut for space made by someone in editorial who didn't know about the agreement, and that they will make good quickly.

I'm so sorry. I've never heard of that mag and I'm already biased against them. As others have said, I hope it was just a mistake and everything will be corrected. I'm off to write an email. Try not to be too discouraged. I can't imagine how it feels, but we're all behind you :)

I'm sorry this happened, yes she absolutely should have stuck to your agreement - how frustrating for you. I will email her.

Wasn't there an article on Knitty recently that talked about "what percent do you have to change before it's not a copyright violation?" that discussed the ethics of this kind of situation? I mean, probably we've all changed a pattern to the point where it is different in execution from the original concept - but it doesn't alter the fact that the original concept was someone's design and you ought to credit them if you're selling that altered pattern or writing an article about it. They should know better.

In copyright laws one must change 30% of the original product in order for it to be new. In which case it would be a minus 10.2 sts from our beloved FREE pattern. However, that is NO excuse for the magazine to offer credit, as well as a complimentary subscription and then, slap us in the face by doing what she did to one of our favorite bloggers.
I will be expediting an email and letting the editor know that I don't care one bit for her treatment of you and your agreement. I will also be speaking with the owner of my LYS, and letting her know just how she treated a small business owner, and recommend that if approached to carry this magazine, that she might want to re think it.
I definately won't be purchasing this magazine in the future.. That's for darn sure.

Julie, I believe this magazine has done themselves more harm than good. Most of us would recognize the Booga Bag (or a poorly disguised copy of) at 50 paces. By not giving credit to you, they have just shown themselves to be rip off artists. Once the origin of designs comes into question, they are standing in quicksand. (If they have stolen from Julie Anderson today, who did they steal from in previous issues?) I don't believe that is the reputation they were seeking. I think its time they see the power of the knitting blog world. We can be moved to purchase, and we can be soured quickly on shoddy merchants, poor customer service or repulsive business practices. I will be telling them exactly that in an email.

I think Bliss really summed up exactly what I was thinking. I sent my letter and my feeling is that it doesn't really matter what her reason was i.e. space etc. She made a deal and she should have stuck to it. Even a mention in the next issue is watered down from what the 'nod' would have meant being attached to the actual article. How sad for them to do that. I know you'll keep us posted.

First, I'm sorry to to hear that the initial offer wasn't honoured--it wouldn't have taken that much space. Not even the mention in the resource guide? I'm with Jane, and hope that they make up for the omission in the next issue.

Secondly, (and I'm sorry to feel compelled to correct another commenter on your blog), the article in Knitty was not about what percentage needs to be changed. It mentioned what a futile measure of novelty/infringement that was. A 30% alteration is *not* the "law". One could change 30% of a pattern (however the heck you calculate that) and *still* infringe copyright.

I've got that magazine, in fact I bought it just for that article. When I got it home and took a closer look I recognized those bags and looked for your name. I'll be sending an e-mail. This is just wrong.

I hate unscrupulous people. I too will write a letter to the editor, but I agree that it won't help the slight you received. Copyrights are touchy things and difficult to enforce without legal action (and that might not be a road you want to go down for this). Do you have a lawyer? You should really talk to someone about copyright law and how you should go about handling requests and such - it'd probably be worth the money.

Julie, this is ridiculous. No justification of this "error" (if it is one) is acceptable. They flat out violated their own agreement with you.

I will write the editor and will warn other knitters and shop owners about that magazine, too. I'm always wanting to buy every knitting mag I hear or read about, but not this one! Not if they treat designers this way, and clearly don't respect a designer's rights.

Even if she offers an acknowledgment of your work in the next issue, that's not good enough. She promised a plug in the resource section, as well as credit for your original design in the article itself. That correction won't get nearly as much publicity as the article itself.

What I suggest is that you figure out ahead of time what you want from her in the way of restitution -perhaps a full-page ad for free (as well as a correction and written apology for their "mistake"?) Would that be at least some compensation for this violation? Not sure what can be done, but this is rotten and the good thing is BECAUSE of your well-known design and it's prominence on the Internet, as a commenter said above, any reputable knitter or yarn store owner will think the worse of the magazine. They made a BIG mistake.

Not giving you credit after those exchanges seems almost worse than if they had blatantly "borrowed" your idea and published them without ever contacting you at all. Then, maybe you would never have noticed, or looked, or you could have excused them as being clueless, but they clearly weren't--they contacted you, asked your permission, promised credit for the original idea . . . and then just blew you off. I'd be upset, too!

I don't blame you for being angry. She lied to you. And SHAME on Jenny for trying to pass off your design as her own!

I once took a pattern I was working on to my LYS and gave a copy to the manager, a friend. Then on a Stitches bus trip the LYS passed out a small "kit" with my pattern in it. No acknowledgement at all. I was steamed, to say the least.

It's wrong to take out acknowledgments in copy for the sake of length. If anything, content can be shortened, but not acknowledgment. I'm clicking over to Sharlyn Miller to give her a good scolding! Shame on her and her magazine!

It's a shame that this happened. There is still a lot of dishonesty going around nowadays. You have the email regarding your agreement, could there be any cause to perhaps threaten a suit? I hate when crappy things happen to good, honest, hardworking people...It's just wrong!!

This is terrible business practice. As a music therapist, I have to be very aware of copywrite laws, and I can tell you that what they have done is not only unethical, but is quite possibly illegal. You wrote the pattern, & that makes it yours under federal copywrite law. Even if they altered it slightly, the essence of their pattern is YOUR pattern. You should get credit for your pattern, & I wrote them a letter saying so.

By the way, I've made two Booga Bags (one original & one slightly smaller) and I love them! It's a great pattern!

I'm a sewer, jewelry maker, and knitter - and working on publishing some of my knitwear designs. I have purchased Belle Armoire in the past - but I NEVER will again. The fact that they could be so blatantly unethical makes me sick to my stomach.

I just fired off a bitterly worded missive to the editor. I'm so sorry you have to deal with this : (

Thank you so much for telling me about this, i too will be sending an email and will post a link to this on my blog tomorrow--so hopefully other people can find out about what happened...that is just awful! Please let us know what ends up happening

No way that should be allowed to fly; I have stopped purchasing Belle Armoire in any event, due to their concentration on nothing but questionable fibert "art" clothing; I believe Ms. Miller is also the editor of another magazine, to do with stamping or somesuch...maybe Stamper's Sampler? I can't remember. Anyway, it doesn't matter - Another letter being sent on your behalf. I am appalled.

Has the editor responded to your complaint at all? I work for a small monthly magazine, and I can see how an oversight like this could happen; however, it should be made right. If you don't hear back from the editor, you should contact the publisher and/or the owner.

I am joining the band wagon and have fired off an email myself. I have modified the pattern myself to make a smaller or bigger bag, does that give me the right to list it as my "own" pattern?? I think not. Count me as another reader who will never purchase their magazine AGAIN!!

DAMN! WTF?! Unless someone *else* claiming to be the editor in order to warn you this was happening did this, I don't see what this person had to gain!! I definitly agree with some above commentors, print out those emails, show them to some lawyer friends! I shall be writing the editor and passing this along to my LYS ( they love your bags :) )
This is definitly NOT a good business practice for that magazine and they need to be put in their place.
- Helen.

Like someone else said.... I can spot a Booga Bag a mile away.. no matter what the size or shape. In fact... I was just at the OB last month and a lady in the waiting room had one on her arm. I commented on how beautiful her "booga bag" was, and she said how surprised she was that I knew exactly what it was.

What they did was WRONG and ILLEGAL and they should be punished. Get a lawyer, and make sure you save every contact you've had with them. EMAIL IS considered a verbal contract even if you've signed nothing.

Julie and all, Here is the copy of the letter I wrote to Ms. Miller:
Dear Ms. Miller,

I will not be purchasing a subscription or individual copies to your magazine "Belle Amore" because of your actions regarding the Booga Bags designed by Julie Anderson of Black Sheep Bags. I've heard about this issue on a couple of knitting blogs and plan to post it on mine.

The bottom line, Ms. Miller, is that you are a theif with no honor. It seems many immoral people have a problem with this concept. Because something isn't tangible or they can get away with it, they feel it's somehow okay. You are also a coward. The Julie Anderson's of the world do not have the resources to fight such crime as corporations like Microsoft.

I would like to thank you for providing a website with information regarding you current issue. I was able to see the proof that the design as obviously a copy of Julie's work myself without purchasing or browsing through your magazine at the local bookstore.

Why go thru all the trouble of emailing you, updating you and asking permission and then just blatently ignore it all in the long run? What this magazine and this editor did is unacceptable, and I will certainly be adding my voice to the previous posters who have emailed their disgust.

As so many have said, Booga Bags are easily recognized - so much so I emailed Julie not so long ago when I saw the pattern for sale on Ebay (turns out there was an agreeement in place for that seller, but I was concerned someone else was profitting off Julie's hard work and free gift)

I know there are usually 3 sides to every story but I cannot see how the magazine could have not known what they were doing was wrong! While they obviously can't fix what they have done, they need to make some type of show of good faith to make this right. You deserve to be compensated!